Just When You Thought It Was Over: 9th Circuit Seeks More Information from Athletes and NCAA

Previously, it was reported that U.S. District Court Judge for the Northern District of California, Claudia Wilken, handed a limited win to college athletes in the Shawne Alston, et al v. NCAA, et al case. Judge Wilken ruled that the NCAA cannot limit compensation or benefits “related to education.”

However, the plaintiffs were seeking to invalidate caps on all forms of compensation. In their quest, they appealed Judge Wilken’s ruling to the U.S. Court of Appeals for the Ninth Circuit. On Jan. 6, 2020, the …

January 8, 2020 Antitrust / Legislation / Litigation / NCAA / Sponsorships

NCAA President Says Student-Athlete Compensation Rule Changes Limited by Antitrust Lawsuits

NCAA President Mark Emmert stated in a panel that the NCAA’s planned reforms regarding student-athlete compensation will be limited by rulings in various antitrust cases.

After California passed a law allowing for student-athlete compensation and many states looked to follow, the NCAA announced in a statement that it would allow student-athletes to benefit off their name, image, and likeness. The NCAA stressed that any changes would have to be consistent with the collegiate model.

In addition to new laws and proposed legislation, the NCAA …

December 17, 2019 Contract / Litigation / NCAA

It’s All About the Benjamins: Ex-Kansas Head Coach’s Breach of Contract Suit

David Beaty, former head coach of the Kansas University (KU) Jayhawks football team, has filed a breach of contract lawsuit against the university. KU hired Beaty in December 2012, where he initially received an annual salary of $800,000 on a five-year contract. Following the 2016 season, Beaty received a two-year extension with a $1.8 million annual salary. The contract stipulated a payout, worth approximately $3 million, if KU terminated Beaty without cause.

Notably, the payout was not linked to Beaty’s salary. In 2018, KU hired …

December 12, 2019 Legislation / NCAA / Sponsorships

An Unusual Coalition: Five U.S. Senators Spark Bipartisan Effort on Student-Athlete Compensation

A group of five United States senators announced that they will be discussing the drafting of federal legislation addressing the compensation of college athletes. The five senators are: Cory Booker, D-New Jersey; Chris Murphy, D-Connecticut; Mitt Romney, R-Utah; Marco Rubio, R-Florida; and David Perdue, R-Georgia.

As we reported earlier, California became the first state to allow student-athletes to be compensated through endorsements or sponsorships. The NCAA was vehemently opposed to any efforts to mandate payment of college athletes and even threatened to ban California schools …

December 4, 2019 Gambling / Sports Gambling

Rolling the Dice: Florida Sports Betting and Gambling

In Murray v. National Collegiate Athletic Association, the U.S. Supreme Court’s (SCOTUS) decision paved the way for states to enact sports gambling schemes. SCOTUS held that, “Congress can regulate sports gambling directly, but if it elects not to do so, each State is free to act on its own.” In essence, SCOTUS found that a federal law banning sports betting and gambling is unconstitutional.

Following this ruling, a flood of state legislatures moved to capitalize on the sports betting market. Recently, Florida State Sen. …

December 2, 2019 Baseball / NCAA

NCAA Upholds Penalties Against Mizzou, Including Postseason Bans

An NCAA appeals committee upheld a series of penalties against the University of Missouri (Mizzou), including postseason bans, after a tutor was found to be completing coursework for several student-athletes.

The NCAA Committee on Infractions initially penalized Mizzou in January 2019. The tutor was employed by the university from 2010 to 2016 and began to complete student coursework in the summer of 2015. The tutor interpreted a pay raise as school approval of her behavior. She completed assignments, quizzes, exams, and even an entire course …

November 12, 2019 Antitrust / Class Actions / Litigation / NCAA / Rights

NCAA Student-Athlete Pay Rules, Opposition Grows

On October 30, 2019, the plaintiffs in the Alston v. NCAA case gained support in the form of an amicus curiae brief from the Open Markets Institute, Change to Win, the National Employment Law Project, economics professor Marshall Steinbaum, and law professors Sanjukta Paul and Veena Dubal. In the brief submitted to the Ninth Circuit Court of Appeals, the amici argue that the U.S. District Court Judge for the Northern District of California, Claudia Wilken, reached “an overly narrow” decision based upon …

November 6, 2019 Antitrust / Contract / Legislation / Litigation / NCAA

NCAA Plays Defense on All Fronts, College Athletes Seek Big Win in Ninth Circuit

On March 8, 2019, U.S. District Court Judge for the Northern District of California, Claudia Wilken, ruled that the NCAA’s student-athlete compensation limits “unreasonably restrain trade in violation of . . . the Sherman Act.” A group of former and current student-athletes, including plaintiff Shawne Alston, applauded Wilken’s decision but is requesting that the Ninth Circuit invalidate caps on all forms of compensation.

The NCAA appealed Wilken’s decision and is once again defending its student-athlete compensation rules before the U.S. Court of Appeals for the …

November 4, 2019 Antitrust / Legislation / NCAA

NCAA Offers Lifeline: College Athletes To Benefit From Name, Image, Likeness

The NCAA announced it is starting the process to allow student-athletes to benefit off their name, image, and likeness. The move comes after multiple states introduced legislation permitting student-athletes to earn this form of compensation.

Previously, we reported California Gov. Gavin Newsom signed into law the Fair Pay to Play Act. The law will take effect January 1, 2023 and will allow student-athletes to enter into endorsement deals. Since Gov. Newsom signed the California bill, multiple states introduced legislation, including New York. The move …